Sellou Terms of Service
These Terms of Service (“Terms”) sets forth the terms and conditions for the use of various services provided by the internet application Sellou (the “Service”) which is managed by Elyah Co. Ltd. (the “Company”).
Article 1. Service Content and the Company’s Role
1. The Service is an online marketplace. It provides a place and opportunity for Users (as defined in the following article) to buy and sell goods. The Service is designed to provide a place and opportunity for Users to buy and sell goods between Users or for Users to buy from Users who are Verified Sellers, and all sales contracts, listings, purchases, etc. between Users are the sole responsibility of the Users, and the Company does not buy or sell itself, nor is it consigned to do so. Except as otherwise provided in these Terms of Service, the Company shall not be involved in the execution of any transaction, including cancellation, termination, return of goods, refund, or warranty. The Service is not intended to be an intermediary for persons who wish to buy or sell goods by means of bidding (auction).
2. The Service Content shall be as set forth in these Terms of Service and Guidelines.
Article 2. Definitions
1. Definitions
In these Terms of Service, the following terms shall have the following meanings, unless otherwise defined or the context otherwise requires.
(1) “Content" means information posted or transmitted to the Service by us or by Users.
(2) “Foreign PEPs, etc." or “Foreign Politically Exposed Persons”, means persons in important public positions in foreign countries, such as foreign heads of state or governments (including persons who have held such positions in the past) and their families.
(3) “Guidelines" means the Guidelines and any other rules set forth by the Company regarding the Service.
(4) “Listing” means that a User posts or transmits information necessary for the transaction of products on the Service and makes it available to other users to view and trade products (including a required image upload using the in-app camera function).
(5) “Payment Company” means any of the companies that the Company uses to process payments related to the Service as set forth in Article 11, Paragraph 1 of these Terms.
(6) "Personal Information" refers to personal information as defined in the Act on the Protection of Personal Information (Act No. 57 of 2003, as amended), including name, post code, address, date of birth, gender, occupation, phone number, account information (e-mail address, password, etc.), profile information (nickname, hobbies, interests, etc., and other information entered by the User), credit card information, usage history, and other information that can identify a specific individual (including information that can be easily matched with other information and thereby identify a specific individual).
(7) "Privacy Policy" refers to the privacy policy (regardless of the name) established by the Company.
(8) "Product Price" means the sales price of a Product purchased on the Service, as defined in the purchase and sale agreement between the Seller and the Purchaser (the Product Price shall, in principle, be the same as the Selling Price, except in certain cases such as those set forth certain provisions of these Terms, the Product Price shall be in accordance with such provisions. In such cases, the Product Price may differ from the Selling Price).
(9) “Purchaser" means a user who purchases a product using the Service.
(10) "Seller" means a user who sells products through the Service.
(11) "Selling Price" means the price set by a Seller at the time of Listing an item on the Service.
(12) "Service Fee" means the fee that the Company collects from the User in connection with use of the Service (Sales commissions, settlement fees and any other fees under any name).
(13) “User" means an individual or a legal entity designated by us who agrees to these Terms and uses the Service
(14) “Verified Seller” means a legal entity designated by Company as a Verified Seller who agrees to these Terms, including those specifically pertaining to Verified Sellers as set forth herein, and uses the Service. For the avoidance of doubt, a Verified Seller is also a User.
2. Application
The definitions in this section shall apply to these Terms of Service as well as the Privacy Policy and Guidelines, unless otherwise defined and unless the context requires otherwise.
Article 3. Agreement to these Terms and Changes to these Terms
1. Acceptance and application of these Terms
The purpose of these Terms is to set forth the terms and conditions of use of the Service between the User and the Company, and it applies to any relationship between the User and the Company in connection with the use of the Service. The User shall agree to these Terms of Service. By using the Service, the User shall be deemed to have agreed to these Terms of Service.
2. Minors
If the User is a minor, he or she must obtain the comprehensive consent of a statutory agent, such as a person with parental authority, before using the Service. In such case, the Company may contact the User or the User’s statutory agent to confirm whether the User has obtained the consent of their statutory agent.
3. Changes to these Terms
The Company may change the contents of these Terms at any time, if necessary, by posting a notice on the website or application operated by us at an appropriate location. If the User uses the Service after the changes are made, the User will be deemed to have agreed to the changes to these Terms. Users who do not agree to the changes to the Terms should stop using the Service. Company shall not be liable for any damage caused to the User due to a revision or change of these Terms, except in cases where the damages are caused by the Company's intentional misconduct or negligence.
Article 4. User Registration and Account Information
1. Registration
User registration must be done by the User himself/herself. Also, the User must be sure to enter accurate information when he/she registers.
2. Prohibition of multiple registrations
Individual Users shall not be able to perform multiple User registrations.
3. Refusal to Approve Registration
The Company may refuse to approve an application for User registration if the applying User falls under any of the following categories.
(1) If the User does not meet the User qualification requirements under this Article 4.
(2) If the User has been suspended by the Company in the past for violation of these Terms.
(3) If the content of the registration contains inaccurate or false information.
(4) If the User interferes with the operation of the Company, the provision of the Service, or the use of the Service by other Users, or if the Company judges, based on reasonable grounds, that the User has committed an act that interferes with or may interfere with the operation of the Company or the provision of the Service or the use of the Service by other Users.
(5) If it is found that the User is a criminal organization, member of a criminal organization, a person who was previously a member of a criminal organization within the last 5 years, a quasi-member of a criminal organization, a company affiliated with a criminal organization, an extortionist, etc., a social movement, etc., or organized crime syndicate, or any other similar person (“Criminal Organization Member etc."), a person who is designated by the Japanese or foreign governments as a terrorist, or a person designated by the Japanese or foreign governments as a target of economic sanctions, or a person who has a certain relationship with a Criminal Organization Member, etc. (for example, it is recognized that the User is involved in providing funds or benefits to Criminal Organization Member, etc., or that the User is taking unfair advantage of Criminal Organization Member etc., or, in the case of a corporation registering as a User, the person(s) controlling the management of the corporation or substantially involved in the management of the corporation is a Criminal Organization Member etc., or has other socially reprehensible relationships with a Criminal Organization Member etc.) (hereinafter all of the above are collectively referred to as "Anti-Social Forces").
(6) If the Company determines on the basis of reasonable grounds that the User falls under or may fall under the definition of Foreign PEPs, etc.
(7) Any other case where the Company determines, based on reasonable grounds, that approval is inappropriate.
4. User’s Covenants
The User covenants that he/she is not and will not be a member of any Anti-Social Forces, and will not make violent demands, make unreasonable demands beyond legal responsibility, make threatening statements or use violence in connection with a transaction, spread rumors, use deception, or use force by himself/herself or through any third party. The User covenants not to engage in any act that uses deception or force to damage the Company’s reputation or interfere with the Company’s business, or any other similar act.
5. Management of Account Information
The User is responsible for their own information, including email address and password ("Account Information"). The User may not make personal Account Information available to any third party, nor may the User transfer, sell, pawn, rent, lease or otherwise dispose of Account Information in any form.
6. User Bank Information
In the case where the User is selling a product, the User is responsible for inputting the correct bank information in order to get paid accordingly. The Company is not liable for false or incorrect bank information resulting in damages or losses.
7. Changes to Registration Information
If there is a change to the contents of a User’s registration information, he/she must immediately update the Account Information provided to the Company and is responsible for maintaining and modifying the Account Information to ensure that his or her information is accurate at all times. If there are changes to the contents of a User’s registration information but the User has not submitted such Account Information changes to the Company, the Company may assume that there have been no changes. Even if a change has been reported, transactions and procedures performed prior to the change of registration may still be governed by the information that existed prior to the change.
8. Unauthorized Use of Account Information
The User shall be responsible for any damages caused by the leakage of information due to inadequate management of Account Information, improper use, use by a third party, unauthorized access, etc., and the Company shall not be liable for such damages except in cases caused by the Company’s intentional misconduct or negligence. In addition, the User shall indemnify the Company for any damages to the Company caused by the unauthorized use of Account Information.
9. Account Information Leakage
In the event that Account Information is or may be leaked to a third party, the User shall contact the Company immediately. The User shall also comply with any instructions given by the Company at that time, if any.
10. Verified Sellers
In addition to all terms and conditions that apply to Users, companies signing up as “Verified Sellers”, are required to:
(1) Promise to use the provided carrier account with FedEx, DHL Express, or UPS;
(2) On sign up with Stripe, input their company number
(3) Provide a company email (i.e. @elyah.io) and a valid phone number to contact directly.
Article 5. Cancellation of User Registration
1. Cancellation of User registration, Suspension of Use, etc.
If the User falls under any of the following items, or if the Company determines on the basis of reasonable grounds that the User has fallen under any of the following items, the Company may, without prior notice, terminate the User's registration, deny the User access to all or part of the Service, suspend the use of the Service, or take measures to delete all or part of the content or information related to the User and the Company shall have no obligation to explain the reasons for such action. In order to confirm that the User does not fall under any of the following items, the Company may perform confirmation of personal identity as it deems necessary, and until such identity confirmation is completed, the Company may take measures such as denying access to all or part of the Service or suspending use of the Service.
(1) In the event of a violation of laws or these Terms;
(2) In the event of fraud;
(3) If the Company determines that the information the User has registered is false;
(4) In the event of failure to follow the procedures or to contact us as required by these Terms;
(5) If the registered information overlaps with an existing registration;
(6) If Company finds that the User’s registered cell phone number or email address is no longer in service;
(7) If the User becomes insolvent, bankrupt, suspends payment, or is unable to pay;
(8) If the User unreasonably annoys or causes inconvenience to other Users or third parties;
(9) If it is discovered by a financial institution that there is an illegal, inappropriate, or other problem with the User's registered account with that financial institution;
(10) If any of the items in Article 4, paragraph 3 apply to the User;
(11) If the User makes violent demands himself/herself or through a third party, makes unreasonable demands beyond the scope of his or her legal responsibility, uses threatening language or violence, or spreads rumors or uses deception or force to damage reputation or interfere with business;
(12) If the Company otherwise deems the User unsuitable; and
(13) If the User violates any relevant law or regulation described in Article 9, paragraph 4.
2. Suspension of Use of Service
The Company may prohibit the use of and access to the Service in the future to any User who is subject to the measures in this Article. In the event that a Seller violates these terms and/or is subject to the measures in this Article, the Company may temporarily and/or permanently suspend that Seller’s right to making Listings or sell products at Company’s sole discretion. In the event of such suspension of Seller’s right to make Listing or sell products, Such seller may retain the right to use the service as a Purchaser.
3. Disclaimer of Liability
The Company shall not be liable for any damages caused by the measures in this Article, except in cases where such damage is caused by Company’s intentional misconduct or negligence.
Article 6. User Withdrawal
1. Withdrawal Procedures
The User may request the Company to withdraw from the Service, and if the Company approves the request, the withdrawal will be granted and the account will be deleted. However, the User may not withdraw if there are uncompleted transactions, such as the settlement of transactions or the mailing of products, etc. The User must sequentially complete any uncompleted transactions without delay in accordance with these Terms before making a withdrawal request. If the User has any sales proceeds, or Payment Company balance at the time the User wishes to withdraw, the User must withdraw or use all such sales proceeds and Payment Company balance before withdrawal.
2. Disclaimer of Liability
The Company shall not be liable for any damages caused by the measures in this Article, except in cases where such damage is caused by the Company’s intentional misconduct or negligence.
Article 7. Handling of Personal Information
1. Privacy Policy
The Company handles personal information in accordance with our Privacy Policy in addition to these Terms.
2. Agree to Privacy Policy
Before using or browsing the Service, the User shall review the Privacy Policy and agree to its contents.
3. Use of Personal Information by the User
The User may use personal information obtained through the Service only within the scope of use of the Service, and may not use it for any other purpose.
Article 8. Prohibited Acts
The Company prohibits the following acts by User and third parties who use the Service:
(1) Using or encouraging payment methods other than those provided by the Company;
(2) Transactions where the details of the product are not known;
(3) Actions that do not follow the transaction flow prepared by the Company;
(4) Acts that constitute money laundering;
(5) Purchase by the seller of the product himself/herself, relatives, or other related parties;
(6) Bartering such as exchanging goods for other goods;
(7) Shipping a product that includes separate shipping charges (cash on delivery);
(8) To have the goods delivered to be held at a post office (business office) or request that they be delivered to a post office;
(9) Demanding in-person hand delivery;
(10) Prompting the seller to ship the item before payment is made;
(11) Shipping products from overseas by Users who are not Verified Sellers (shipping products overseas is also prohibited);
(12) Listing products for which permission, notification, or license is required by law for manufacture or sale without such permission, notification, or license.;
(13) Failure to post images that show the condition of the product;
(14) Listing products that are not available on hand by reservation or order;
(15) Listing items that are not intended for sale;
(16) Listing products on behalf of a third party other than the seller;
(17) Auction-style listing or selling;
(18) Selectable Listings where the product is not confirmed by clicking the buy button;
(19) Stating that returns will not be accepted even if there is a problem with the product;
(20) Posting false or inaccurate information;
(21) Using other persons' photos, texts, etc. without permission;
(22) Acts that introduce external services;
(23) Acts that hinder or inconvenience others;
(24) Recruitment/Solicitation Activities;
(25) Posting or distributing vulgar or obscene material;
(26) Posting or collecting personal identifiable information;
(27) Fraudulent use of User’s accounts;
(28) Illegal activities or assisting with illegal activities;
(29) Acts of discrimination;
(30) Acts in contravention of public order and morals;
(31) Any acts related to political activities; and
(32) Posting a User or third party’s’ address or personal information publicly, harassing, intimidating, or harming a User or third party in any way;
(33) Selling User or third party’s personal information or personal data in any way.
(34) Providing User or third party’s personal information or personal data in any way
(35) Acts that the Company determines are unsuitable.
Article 9. Listing of Products
1. Listing Procedures etc.
Sellers shall list their products in accordance with the procedures prescribed by the Company. Sellers are required to Agree to these Terms and the terms of the Payment Company prior to Listing their Products. In addition to this Agreement, the Seller shall use the Service in accordance with the provisions set forth by the Company and the Payment Company. The Company reserves the right to establish standards and screen the specific Listing methods, and to restrict the use of such Listing methods if the Seller does not meet our standards.
2. Prohibited Items
The following items are prohibited items and shall not be sold using the Service (“Prohibited Items”). If a Seller lists or sells any item that falls under Prohibited Items, it shall be deemed as a violation of these Terms.
(1) Explosives, fireworks, and other items of incendiary or flammable nature;
(2) Firearms, weaponry, ammunition, and their parts;
(3) Lottery tickets, gambling devices where prohibited by law;
(4) Plants and plant material, including seeds and cut flowers;
(5) Hazardous waste, including, but not limited to, used hypodermic needles and/or syringes or medical waste;
(6) Dead animals or animals that have been mounted;
(7) Used electronic devices (i.e. cellphones);
(8) Fake brand products or products that cannot be confirmed as genuine;
(9) Items that infringe on intellectual property rights;
(10) Items that have been obtained through illegal channels such as stolen goods;
(11) Items that may be used for criminal or illegal activities;
(12) Items that can kill or injure and are used as weapons;
(13) Items that are dangerous or unsafe;
(14) Items that are considered to be child pornography or similar;
(15) Pornography, Adult Products;
(16) Used underwear;
(17) Used school swimsuits, gym clothes, school uniforms, etc.;
(18) Medicines and medical devices;
(19) Cosmetics manufactured without permission or in small quantities;
(20) Supplements that violate laws and regulations;
(21) Food with safety or hygiene issues;
(22) Tobacco;
(23) Pesticides and fertilizers;
(24) Cash, money orders, cards, etc.;
(25) Tickets;
(26) Receipts and official documents;
(27) Electronic data such as game accounts, in-game currency, items, etc.;
(28) Non-substantive items such as services and rights;
(29) Items with complicated procedures for delivery;
(30) Items not in your possession;
(31) Made-to-order items for which prototypes (product samples) have not been posted;
(32) Ivory and parts of rare wild animal and plant species that are protected or restricted to trade under the law of Registration, etc. of Individual organisms, etc. of Internationally Endangered Species of Wild Fauna and Flora;
(33) Controlled substances and dangerous drugs;
(34) Exhibits or postings that contain personal information, or unauthorized use of personal information;
(35) Products that are in violation of the Any laws and regulations related to foreign exchange and foreign trade in countries which Seller and Purchaser are located.;
(36) Livestock or live animals;
(37) Food products (except tea, coffee, sports supplements, and baby formula);
(38) Perfumes (except when sold domestically);
(39) Large items such as large furniture;
(40) Automobiles;
(41) Disposable hygiene products (except certain products such as shampoo, shower gels, toilet paper, handmade soap);
(42) Items requiring any special license or permit for transportation, importation or exportation;
(43) Items with a declared value for customs in excess of that permitted:
(44) Packages that are wet, leaking or emit an odor of any kind;
(45) Items that may cause damage to, or delay of, equipment, personnel or other shipments;
(46) Items that the carriage, importation or exportation of which is prohibited by any law, statute or regulation; and
(47) Items that are deemed inappropriate by the Company.
3. Product Description
When the User lists a product for sale, he/she shall not:
(1) List the product without actual intent to sell it;
(2) List the product in such a way that the product cannot be properly understood from the product information alone or in a way that may cause confusion;
(3) List the product without providing sufficient explanation in the product description; or
(4) Post images, etc. that are unrelated to the listed product.
4. Legal Compliance
The User shall comply with all applicable laws in the jurisdiction which they are located, including but not limited to any laws and regulations related to secondhand articles, commercial transactions, unjustifiable premiums and misleading representations, unfair competition, intellectual property such as trademark and copyright, and any other relevant laws and regulations.
5. Prohibitions on Listings Intended for Specific Users
The User may not list an item for sale with the intention of selling it only to a specific other User. The Company may, at its discretion, determine whether or not a particular item is intended for sale only to a particular User based on the terms and conditions of the Listing and other circumstances.
6. Territory Restrictions
Users are restricted to Listing and selling products within the country they are located and shall not list and sell products outside of that country (i.e. Users located in the US shall only list and sell products for sale within the US). Notwithstanding the foregoing, Users that are Verified Sellers have global access to list and sell products in any country or territory supported by the Service.
7. Listings that Violate these Terms
If the Company determines based on reasonable grounds that a Listing violates these Terms or finds it inappropriate, the Company may, in addition to the actions set forth in Article 5, cancel the Listing and any purchase actions that have occurred for that Listing at the Company’s discretion. The Company shall not be liable for any loss or damage incurred by the User as a result of any action taken pursuant to this paragraph, unless such loss or damage is caused by the Company’s intentional misconduct or negligence.
8. Disclaimer of Liability
The Company shall not be liable for any loss or damage incurred by Users or any third party due to a Listing, unless such loss or damage is caused by the Company’s intentional misconduct or negligence.
Article 10. Purchase of Products
1. Purchase Procedures
The User shall place an order with the intent to purchase in accordance with the procedures set forth by the Company.
2. Intent to Purchase
The User may not place an order without the intent to purchase.
3. Required Data
In the event the Company cannot confirm the arrival of data related to product price, intention to sell on the server that the Company manages within the prescribed time period for the start of the transaction, the order shall be invalidated. The User agrees to the foregoing in advance.
4. Prohibition of Purchase of Own Items
Sellers are not allowed to purchase their own items. If a User wishes to withdraw a product from a Listing, the Company’s procedures must be followed.
5. Disclaimer of Liability
The Company shall not be liable for any damages caused to the User or a third party by the User's order or purchase, etc., unless such damage is caused by the Company's intentional misconduct or negligence.
Article 11. Payment and Execution of Transaction
1. Method of Payment
The User’s method of payment processing is determined based on the User’s geographical location. Payment by Users located in Japan and countries supported by Stripe as listed at https://stripe.com/global shall be processed using Stripe in accordance with Stripe’s terms. (Stripe’s terms can be found here: English: https://stripe.com/connect/legal, Japanese: https://stripe.com/en-jp/connect/legal). Payment by Users located in Bahrain, Kuwait, UAE, and Saudi Arabia shall be processed using Tap in accordance with Tap’s terms. (Tap’s terms can be found here: https://www.tap.company/bh/en/terms-conditions).
2. Establishment of Purchase and Sale Agreement
The purchase and sale agreement for the product in question shall be deemed to be established when the Purchaser completes the purchase procedures for the specific Listing. Neither the Seller nor the Purchaser may assign, offer as collateral, or otherwise dispose of the rights and obligations arising under the purchase and sale agreement to a third party.
3. Payment Period and Shipping Fee
When a purchase and sale agreement is established, the Purchaser shall pay the total amount of the product price including the delivery fee and the Service Fee using the method specified by the Company.
4. Delivery
The Seller shall ship the product within one week after the Purchaser's payment for the product has been completed (“Shipping Deadline”). The Seller must provide the Purchaser with a tracking number for the respective shipments within immediately after shipping the products. If Seller fails to ship by the Shipping Deadline, then (1) on the first occurrence of such failure to ship, Company may ban Seller from Listing or selling further products for a period of one week, (2) on the second occurrence of such failure, Company may ban Seller from Listing or selling further products for a period of one month, and (3) on the third occurrence of such failure, Company will contact the Seller to resolve the dispute and may take any action that the Company deems necessary. Notwithstanding the foregoing, the above described Shipping Deadline shall not apply to Users who are Verified Sellers and Verified Sellers shall ship products within three weeks after the Purchaser’s payment for the product has been completed.
5. Issues Related to Products etc.
In the event that a problem arises between a Seller and a Purchaser regarding a product, it shall be resolved between the Users concerned. However, the Company reserves the right to enter into discussions at its discretion.
6. Cancellation
Unless otherwise agreed upon between the Seller and the Purchaser, cancellation of an order for a product is only permitted in the first twenty-four (24) hours from the time that an order is placed. If a cancellation is made within such initial twenty-four (24) hour period, Purchaser shall be refunded. Any order cancellation made after the initial twenty-four (24) hour period shall be evaluated by Company on a case-by-case basis and Company may elect whether or not to make a refund at its sole discretion. In the event that Company permits a refund in accordance with the above procedures, in all cases Company shall retain its Listing Fee and Service Fee as defined in Article 12, and in such case, such Company’s fees shall be non-refundable.
7. Product Defects
The Seller shall be responsible for any defect in the product, obvious difference between the product description and the actual product, or damage to the product during delivery due to inadequate packaging, etc. The Seller shall be responsible for refunding, returning, repairing, or replacing the product at the Seller's expense. However, if the Seller or the Purchaser notifies the Company that the transaction has been cancelled or the Product has been returned in accordance with the method prescribed by the Company, and if the Company approves of such cancellation or return, the Payment Company shall receive the money for the refund from the Seller in accordance with the method prescribed by the Payment Company. The Payment Company will then return the refunded money to the Purchaser. The Purchaser shall grant the Payment Company the authority to receive the money paid by the Seller to the Purchaser on his/her behalf. In the event a refund in accordance with the above procedures, If the Purchaser is located in in a Stripe Supported country (as indicated in Section 1 of this Article 11), a full refund is issued. If the Purchaser is in a Tap supported country (as indicated in Section 1 of this Article 11), a refund is issued less Company’s Listing Fee and Service Fee as defined in Article 12 and in such case, such Company’s fees shall be non-refundable.
8. Payment Receipt
Please note that neither the Company nor the Payment Company will be the seller of products to the User, and therefore will not issue receipts to the User for the payment made by the User or for the Payment Company balance used. In addition, the User shall be responsible for the costs required for payment.
9. Non-Payment, Late Payment, etc.
(1) In the event that a User does not make or delays making the required payment in accordance with these Terms, or in the event that the use of the credit card or financial institution account entered into the Service is suspended, the Company, may suspend the use of the Service by such User without notice to such User, and may also take the measures set forth in Article 5.
(2) If there are unpaid payment obligations, the Company or the Payment Company may entrust a third party to collect the unpaid payment obligations. Any request for payment or dispute between the Payment Company and the User shall be exclusively between those parties, and the Company shall not bear any responsibility.
10. Termination of Purchase and Sale Agreement
Even after a purchase and sale agreement has been established, if the Purchaser does not pay or delays payment of the total amount of the product price and the Service Fee, if the Seller does not ship the product, or if the Company deems it necessary for the proper operation of the Service, the Company may cancel the purchase and sale agreement or uphold the purchase and sale agreement and compensate the User for the amount equivalent to the price. Notwithstanding the foregoing, Users located in the Middle East shall only be refunded the amount equivalent to the price less any fees. In addition, when the Company has compensated the User for the amount equivalent to the price, the Company may require the User to transfer the ownership and deliver the product pertaining to the purchase and sale agreement to the Company.
11. Disclaimer of Liability
The Company shall not be liable for any damages caused to the User due to the fact that the payment method or financial institution information entered by the User into the Service was used by a third party, or that the entered information was inaccurate, or that the Company has taken or failed to take measures based on this article, except in cases where such damage is caused by the Company’s intentional misconduct or negligence.
Article 12. Listing Fee and Service Fee
1. In the event that a sales contract for a product is established, the Seller shall pay to the Company a Listing Fee of USD $1.30 (“Listing Fee”) and Service Fee of 13% of the selling price that is designated by the Seller (“Service Fee”). The amount of the Listing Fee and Service Fee for each product will be displayed when the Seller sets the selling price.
2. Service Fees for the Service shall be collected in accordance with the merchant agreement between the Company, the Payment Company, and the Seller, and shall be deducted from the product price received by the Payment Company on behalf of the Seller or from the amount equivalent to the product price paid in the case of advance payment settlement, and the Seller agrees in advance to such collection. In addition, the Seller agrees in advance that if the Seller chooses the delivery method specified by the Company, the payment to the delivery company for such delivery, such payment for delivery shall be deducted from the product price received by the Payment Company on behalf of the Seller.
Article 13. Delivery of Products
1. When a product is sold through the Service, delivery of the product shall be made using one of the delivery companies designated by the Company in accordance with these Terms and the terms of such delivery company. Notwithstanding the foregoing, in the case of a purchase and sale in Bahrain, Seller and Purchaser will be linked via internet chat, and the Seller shall be responsible for delivery (only in this case, the designated delivery companies listed in Section 2 below shall not be used).
2. The Purchaser agrees that the Company or such delivery company commissioned by the Company may contact the Purchaser by telephone or other means, including during the night, to confirm the date and time for delivery of the product. The designated delivery companies are:
3. The User shall not ship a product if such product shipment is not permitted by the terms and conditions and policy of the delivery company, carrier, or the Company. The User shall be solely responsible for compliance with all terms and conditions and policies of the delivery company, carrier, and Company.
4. In the event that the Purchaser is not at the delivery address at the time of delivery, the Purchaser shall specify the date and time of redelivery within the number of days specified by the Company or the delivery company from the date of delivery in accordance with the non-delivery notice distributed at the time of delivery. In the event that the redelivery date is not specified within the aforementioned period, or in the event that the Purchaser is absent on the redelivery date, or in the event that delivery of the product is difficult due to the Purchaser’s refusal to receive the product, whereabouts being unknown, or other reasons, the Company may, at its discretion, cancel the purchase and contract or take other measures deemed appropriate by the Company.
5. In the case set forth in the preceding paragraph, the Company shall not be liable for any damages incurred by the Purchaser or any third party due to the cancellation of the purchase and sale agreement or the measures taken pursuant to the preceding paragraph, unless such damage is caused by the intentional misconduct or negligence of the Company. In the case specified in the preceding paragraph, if the Company suffers any damages, the Purchaser shall compensate the Company for such damages.
6. Company will utilize the Postmates API for deliveries in the United States. Certain items may be restricted from delivery based on Postmates list of restricted items, please refer to Postmates terms of use, restricted items policy, and rules of conduct which can be found here:
Article 14. External Services
When the User uses the Service, the User may be transferred from the Service to other services operated by our affiliates or third parties (hereinafter referred to as "External Services"). The Users shall agree to this in advance, and shall use the Service and External Services in compliance with these Terms and the terms of External Services. The Company does make any guarantee regarding External Services.
Article 15. Service Suspension, Termination, and Changes
1. Service Suspension
The Company may temporarily suspend all or part of the Service without prior notice to the User in the event of any of the following:
(1) In the event that the provision of the Service becomes impossible due to the failure of the server, communication lines, or other facilities, the occurrence of a fault, or for any other reason;
(2) In the event of routine or emergency maintenance, inspection, repair, or modification of systems (including servers, communication lines and power supplies, and the buildings that house them);
(3) In the event that the provision of the Service becomes impossible due to fire, power failure, war, disturbance, riot, labor dispute, natural disasters such as earthquakes, eruptions, floods, and tsunamis or other force majeure event;
(4) In the event that provision of the Service becomes impossible due to laws and regulations or measures based on such laws and regulations; and
(5) In the event that the Company deems it necessary for other operational or technical reasons.
2. Service Termination and Changes
The Company may terminate or change all or part of the Service for any reason by following the procedures set forth in applicable laws and regulations. In the event of termination of the Service, the Company shall notify the User of such termination or make a public announcement as far in advance as possible in a manner that the Company deems appropriate.
Article 16. Intellectual Property and Contents
1. Ownership of Intellectual Property Rights
The rights to all materials that make up the Service belong to the Company or to any third parties who have such rights. The User shall not acquire any rights with respect to any part of the Service, and shall not perform any act that infringes on any rights related to the content, including all intellectual property rights, likeness rights, and publicity rights, ownership rights and copyrights, and any similar rights without the permission of the rights holder. The grant of a license to use the Service under these Terms does not imply a license to use the rights of the Company or any third party that has such rights with respect to the Service..
2. Use By The Company
The photos, videos, information, etc. of the Listings posted by the User may be freely used by the Company or any other party designated by the Company for the purpose of advertising, operation, research and development, and announcement of the Service.
3. Responsibility Regarding Content
The Company shall not confirm the content, quality, accuracy, authenticity, legality, up-to-dateness, usefulness, etc. of any content transmitted or posted by the User, etc. in relation to the Service. In addition, the Company shall not provide any guarantee regarding such content.
4. Content
The User must judge for themselves the content, quality, accuracy, authenticity, legality, up-to-dateness, usefulness, etc. of the content transmitted or posted by other Users, etc. The Company shall not be liable for any damage caused by the use of the Company's Content submitted by Users or third parties, except in cases where such damage is caused by the intentional misconduct or negligence of the Company.
5. Backups
The Company has no obligation to back up any Content. If the User needs to back up Content, the User shall do so at his own expense and responsibility.
6. Content Changes and Deletion
The Company reserves the right to change or delete any content posted by a User without prior notice if the Company determines that the User has violated these Terms or acted inappropriately in light of the spirit of these Terms.
Article 17. User’s Responsibility and Connection Environment
1. Required Device
The User hall prepare and maintain, at the User’s expense and responsibility, the computer, smartphone or other device (“Device”), software, network communication lines, and other network communication environment necessary to receive the Service. The User shall also be responsible for the installation and operation of such equipment, software, and network communication environment at the User’s expense. The Company does not guarantee that the Service is compatible with any particular Device and shall not be involved in the preparation, installation, or operation of devices etc., and shall not provide any support to the User in this regard.
2. Network Access
The User shall use the Service with the understanding that they may pass through various networks when using the Service, and that the contents of data and signals may be changed in order to connect to or pass through such networks or devices, depending on the networks or devices connected.
3. Resolution of Problems
The User shall be responsible for resolving any problems that may arise between Users or between Users and third parties in relation to the Service (including problems that arise under the assumption that the User will use the Service in the future). The User shall resolve such problems at his/her own expense and responsibility. In the event that the Company suffers damages as a result of such a problem, the parties concerned shall jointly and severally compensate the Company for such damages.
4. Resolution of Disputes with Third Parties
In the event that a dispute arises between a User and a third party in relation to the Service, including any kind of lawsuit, claim, or demand, the User shall resolve the dispute at his/her own responsibility and expense, and the Company shall not be involved or responsible for the dispute. In the event that such a dispute arises due to the User's intentional misconduct or negligence, the User shall jointly and severally compensate the Company for any damage caused by such dispute.
5. Indemnification
In the event that a dispute arises between the Company and the User, the User shall indemnify the Company for any damages incurred by the Company in connection with the dispute if the dispute arose due to the User's intentional misconduct or negligence.
Article 18. No Guarantee and Disclaimer
1. No Guarantee of Content
The Company does not guarantee the content, quality, or level of the Service, the stable provision of the Service, or the results associated with the use of the Service.
2. Disclaimer
In the event that any damage is caused to a User or a third party due to inaccurate, inappropriate, or unclear content, expressions, or actions in the provision of the Service, the Company shall not be liable for such damage, except in cases where such damage is caused by the Company's intentional misconduct or negligence.
3. No Guarantee Regarding Provision of Information
The Company may provide information to the User from time to time in connection with the Service, but the Company does not guarantee the accuracy or usefulness of such information.
4. No Guarantee Regarding Computer Viruses, etc.
The Company does not guarantee that the content related to the Service does not contain computer viruses or other harmful items. The Company shall not be liable to users or third parties for any damage caused by the inclusion of computer viruses or other harmful items in the content related to the Service, except in cases where such damage is caused by the intentional misconduct or negligence of the Company.
Article 19. Compensation for Damages
1. User's Responsibility
In the event that a User violates these Terms, such User shall be liable for all damages, including compensation for damages, to the User and any third party who suffers damages as a result of such violation. In the event that the Company suffers damages as a result of a User's violation of these Terms, the User and other related parties shall jointly and severally compensate the Company for such damages.
2. Disclaimer
The Company shall not be liable to compensate for any loss or damage incurred by a User in connection with the Service, including but not limited to the cessation, termination, or modification of the Service by the Company, cancellation of user registration, deletion or loss of content, loss of data due to use of the Service, or equipment failure, except in cases caused by an intentional misconduct or negligence of the Company.
3. Scope of Liability
In the event that the Company is liable for damages to the User, the Company's liability shall be limited to direct and ordinary damages actually incurred by the User as a result of the Company's non-performance or tortious act. However, this excludes cases caused by the Company’s intentional misconduct or gross negligence.
Article 20. Miscellaneous
1. Notifications
Notifications or communications from the Company to Users regarding the Service shall be made by posting notices at appropriate locations within the website or application operated by the Company, or by any other method deemed appropriate by the Company. When the Company deems it necessary to notify or contact an individual User, the Company may notify or contact the registered e-mail address, address, or telephone number using the messaging function, e-mail, postal mail, or telephone.
In the event that a User needs to notify, contact, or make an inquiry to the Company, the User shall use the inquiry form of the Service and shall not make a phone call or visit the Company. In the event of such contact or inquiry, the Company shall be able to confirm the identity of the User in accordance with the method determined by the Company. In addition, with respect to the method of replying to inquiries, the Company may use any reply method we deem appropriate, and the User shall not be able to determine the reply method.
2. No Assignment
The User may not assign, transfer, encumber, lend, or otherwise dispose of his/her contractual position or rights or obligations under these Terms to any third party without the prior written consent of the Company.
3. Business Transfer
In the event that the Company transfers the business of the Service to a third party, the Company may transfer the User's contractual status under the Terms, rights and obligations under the Terms, and information registered in connection with user registration and other information to the transferee of the business, and the User shall agree to such transfer in advance.
4. Severability
Even if any provision of these Terms, or any part thereof, is determined to be invalid under any law or regulation, the rest of these Terms shall continue to be valid.
5. Matters Not Stipulated
In the event of any matter not stipulated in these Terms, or in the event that any doubt arises regarding the interpretation of these Terms, Company and User shall promptly attempt to resolve the matter through consultation in accordance with the principle of good faith.
6. Language
The English language shall be the official text of this Agreement. Even if a translation of these Terms and Conditions is prepared for reference purposes, only the English original shall have effect as a contract, and any translation shall have no effect whatsoever.
7. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Japan, and any disputes arising between User and Company shall be subject to the exclusive jurisdiction of the Tokyo Summary Court or the Tokyo District Court as the court of first instance, depending on the nature of the dispute.
